Allowed

Sharath v. State of Kerala

Kerala HC24 Jan 2018Bail Appl./335/2018

Case brief

AI extract

What is this about?

The court allowed bail under Section 439 CrPC to an accused charged under the NDPS Act. Noting the petitioner was a teenager with no prior criminal record and the investigation was in progress, the court granted bail subject to conditions regarding bond execution, appearance before the IO, and passport surrender.

What did the court decide?

Petitioner released on bail with a bond of Rs. 50,000 and two solvent sureties, subject to conditions of appearance and non-tampering with evidence.

Sharath Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 24TH DAY OF JANUARY 2018 / 4TH MAGHA, 1939

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Bail Appl. No. 335 of 2018

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(CRIME NO.914/2017 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD)

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PETITIONER/ACCUSED:

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SHARATH, AGED 19 YEARS, S/O. SAJEEVAN, KALATHARA HOUSE, PALLURUTHY, KASABA, ERNAKULAM.

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BY ADV.SRI.M.H.HANIS

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, PALAKKAD. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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BY PUBLIC PROSECUTOR MR. AJIH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V., J

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B.A. No. 335 of 2018

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Dated this the 24^th day of January, 2018

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ORDER

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1.This petition is filed under section 439 of the Code of Criminal Procedure.

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2.The petitioner herein is the accused in Crime No.914/2017 of the Sreekrishnapuram Police Station, registered alleging offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985.

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3.The prosecution allegation is that, based on secret information, the petitioner was intercepted by the Sub Inspector of Police, Sreekrishnapuram Police Station, on 12.12.2017 at 2.25 p.m, and on search he was found having in his possession 1.200 kilograms of ganja. The contraband articles were seized and the Crime was registered.

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4.The learned counsel appearing for the petitioner submits that the petitioner is a teenager and he is innocent of the allegations. Various mandatory provisions of the NDPS Act have been violated by the detecting officer, is the submission. Finally, it is submitted that he was arrested on 17.12.2017 and has been in custody since then.

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BA.335/18

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-:2:-

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5.Heard the learned Public Prosecutor, who opposed the prayer.

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6.I have considered the submissions advanced and have gone through the case diary. It is not reported that the petitioner is a person with prior criminal antecedents. The quantity seized from the petitioner is just above the upper limit of small quantity. The investigation appears to have progressed much.

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7.After having considered the nature and gravity of the allegations, the quantity of the contraband article seized, the antecedents of the petitioner, the period of detention and the stage of investigation, I am inclined to grant bail to the petitioner.

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In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

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(a)The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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(b)The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.

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(c)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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BA.335/18

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(d) The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

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(e)The petitioner shall not commit any offence while he is on bail.

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In case of violation of any of the above conditions, the

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jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/Raja Vijayaraghavan V., Judge

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krj.24/1

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//True copy//

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P.A. To Judge

Sharath v. State of Kerala

Case brief

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Sharath v. State of Kerala

Case brief

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